What Happens If You Are in custody And The Sheriffs/DistrIct Attorneys Fail To Send You?

My Husband Plead Guilty And then Filed A Motion To Have His Case Reopened Because He Was Never Even Read The Poice Report (He Wants To Have His Strike Removed). TheDistrict attorneys And Sheriffs Department Have Failed To Bring Him In To Court 3 Times In A Row Now. What Will Happen If They Dont Bring Him? Can He Have His Motion Granted With Out Him Being Present? Can He Get His Case Dismissed Or Something?

West Covina, CA -

Attorney Answers (2)

Harry Edward Hudson Jr

Harry Edward Hudson Jr

Criminal Defense Attorney - Stockton, CA

Having the police report(s) read to him or not [as long as he knows the contents] is not a basis to ope the case. I think what you mean is he wants to withdraw his plea. He will need an attorney to do that

The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
Joseph Salvatore Farina

Joseph Salvatore Farina

Criminal Defense Attorney - Sacramento, CA

The Judge will not hear the motion without your husband being present. His attorney needs to have the judge order the sheriff's department to transport your husband to court. By the way, not having been read the police report is not grounds to have a plea withdrawn and in most cases, the motion is denied. Your husband would have to show that his attorney did not advise of certain consequences or that he was promised something that didn't happen. Before the court took your husband's plea, the judge would have thoroughly questioned him as to what he was doing, if he had a enough time to talk to his attorney and if he had any questions before he entered a plea. Most importantly, they would have told him he was pleading to a strike offense and what that meant. A change of heart or buyers remorse is not grounds for getting a plea withdrawn. The chances of him wining the motion are slim because the courts are usually careful so these motions don't pop up.

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